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(A) CWECS shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the County Zoning Administrator outlining the steps and schedule for returning the CWECS to service. All CWECS and accessory facilities shall be removed four feet below ground level within 90 days of the discontinuation of use.
(B) Each CWECS shall have a decommissioning plan outlining the anticipated means and costs of removing CWECS at the end of the serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party, such as a profession engineer, a contractor capable of decommissioning, or a person with suitable expertise or experience with decommissioning. The plan shall include documentation showing financial capability to carry out the decommissioning and restoration requirements. Applicant shall submit an escrow account/surety bond/insurance policy in an amount approved by the Planning Commission as reasonably necessary to restore the site to its pre-wind energy facility topography and topsoil quality. The purpose of this account/bond/policy is to assure removal of all improvements subject to the conditional use permit.
(C) At the end of the wind energy facility’s useful life, the site shall be restored in accordance with the requirements of this condition within 18 months.
(Ord. passed 8- -2010)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGREGATED PROJECT. Those projects that are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual CWECS within a larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the AGGREGATED PROJECT.
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS). A wind energy conversion system under common or aggregated ownership or operating control that includes substations, MET towers, cables/wires, and other building accessories, whose main purpose is to supply electricity to off-site customers.
FALL ZONE. The area, defined as the furthest distance from the tower base, in which a tower will collapse in the event of a structural failure.
FEEDER LINE. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems the point of the interconnection shall be the substation serving the CWECS.
HEIGHT; TOTAL SYSTEM. The height above grade of the system, including the generating unit and the highest vertical extension of any blades or rotors.
HEIGHT; TOWER. The height above grade of the fixed portion of the tower, excluding the generation unit and attached blades and rotors.
METEOROLOGICAL TOWER. Those which are erected primarily to measure wind speed and direction plus other data relevant to locating a CWECS. METEOROLOGICAL TOWERS do not include towers and equipment used by airports, the State Department of Transportation or other similar applications to monitor weather conditions.
SHADOW FLICKER. Strobe effect that occurs when sun is horizontal to rotor blades, which causes repetitive intermittent shadows that can affect people on near by properties.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS). A wind energy conversion system which has a rated capacity of up to 100 kilowatts and which is incidental and subordinate to another use on the same parcel. A system is considered a small wind energy system only if it supplies electrical power for on site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on site use may be sold back to the utility company. (LB 436 limits SWECS to 25 kilowatts or less scheduled to be reviewed next session.)
TOWER. The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
WIND ENERGY CONVERSION SYSTEM (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, and configuration as necessary to convert the power of wind into mechanical or electrical energy, such as, wind charger, windmill or wind turbine.
WIND TURBINE GENERATOR. The component of a wind energy system that transforms mechanical energy from the wind into electrical energy.
(Ord. passed 8- -2010)
PARKING REGULATIONS
(A) All buildings and structures erected and all uses of land in all districts with the exception of the C-1 Commercial District, established after the effective date of adopting this chapter shall provide accessory parking and loading facilities as required under this section.
(B) All off-street parking spaces required by this chapter shall be located on the same lots as the use it serves; provided that no parking space can be reasonably provided on the same lot, such space shall be provided on any off-street lot a substantial portion of which is within 500 feet of such use.
(C) Owners of two or more uses or parcels of land may agree to jointly utilize the same parking spaces provided that satisfactory legal evidence is presented in the form of deeds, leases, or contract documents to establish such a joint area of use.
(D) All yard area including driveways, except the required front yard for residential uses may be used for off-street parking. Garages and driveways may be considered as off-street parking spaces. Each required off-street parking space shall open directly upon an aisle or driveway which provides direct access to a street or alley or shall itself be directly accessible to such street or alley.
(E) For the purpose of computing the number of parking spaces in a given area, the formula of 200 square feet per parking space shall be required. Standing areas, aisles for maneuvering, and entrance and exit roadways shall not be computed as parking space and shall be provided, when necessary, in addition to required parking spaces in order to provide for appropriate access.
(F) Any lighting used to illuminate off-street parking or loading areas shall be directed away from residential properties in such a way as not to interfere with such residential use.
(G) A plan, drawn to scale, indicating how the off-street parking and loading requirements are to be met, shall accompany an application for a building certificate. The plan shall show all elements necessary to indicate that the requirements are being fulfilled.
(Ord. passed 8- -2010)
At the time of construction or enlargement of more than 50% of an existing structure or building or change in the use of land, off-street parking spaces and loading areas shall be provided, constructed, and maintained for all uses as follows:
Use | Minimum Number of Parking Spaces |
Use | Minimum Number of Parking Spaces |
Apartments | |
Efficiency and one-bedroom | 1 per dwelling unit |
Two bedrooms | 1-1/2 per dwelling unit |
Three or more bedrooms | 2 per dwelling unit |
Bowling alley | 2 for each alley |
Hospitals, nursing homes, rest homes, or similar uses | 1 for every 2-1/2 patient beds and 1 for each staff and employee on the largest shift |
Hotel and motel | 1 per rental unit plus 1 for every 4 employees |
Manufacturing, wholesale warehouse, and similar uses | 1 for every 2 employees on the largest working shift |
Mobile trailer park | 2 per trailer unit |
Places of public assembly such as auditoriums, theaters, stadiums, community halls, churches, and the like | 1 for every 4 seats |
Professional office establishments | 1 per 500 square feet of floor area as determined by exterior wall dimensions |
Residential | |
Single-family, two-family dwelling | 2 per dwelling unit |
Retail sales department stores, restaurants, taverns, grocery stores, and the like | 1 per 200 square feet of floor area as determined by exterior wall dimensions |
(Ord. passed 8- -2010)
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